MBA Ethics Opinions

[pooja]

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Can you provide me the detail of the Publication - Ethics Opinion 2017 of MBA (Massachusetts Bar Association)?

[pawan]

Through eJournal, Lawyers Journal, Section Review, Massachusetts Law Review and podcasts, the MBA (Massachusetts Bar Association) aims to help members of the legal community stay up to date on practice trends and the law by providing news, profiles, case analyses, varying perspectives and more.

The MBA is also pleased to offer published opinions by the MBA's Committee on Professional Ethics, which interpret the Rules of Professional Conduct.

Available opinions cover a wide range of topics that affect the practice of law, including conflict of interests, solicitation of business and issues relating to confidentiality.

Ethics Opinion 2017

Summary:
Under Rule 8.3, Comment 3, a lawyer "has knowledge of a violation [requiring reporting to Bar Counsel] when the lawyer possesses supporting evidence such that a reasonable lawyer under the circumstances would form a firm opinion that the conduct in question had more likely occurred than not.

Rule 8.3's requirement to report misconduct to Bar Counsel's Office is triggered by a lawyer's discovery (in litigation involving breakup of a law firm) of a document indicating that an attorney, a former partner of the client and an opposing party in the litigation, intentionally omitted mentioning a conviction for fraud in his letter recommending an applicant for admission to the bar.

The discovered document may constitute client's "confidential information," as newly defined in Comment 3A to Rule 1.6. If so, the reporting requirement would be excused unless client consents to a report. Lawyer also needs to advise his client, who is a lawyer, about the latter's own reporting obligation under Rule 8.3(a).